Rohit & ORS. v. State Of NCT Of Delhi & ANR. & ORS.

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 726/2024 ROHIT & ORS.

..... Petitioners Through: Mr. Prince Bhardwaj, Advocate with petitioners in person versus STATE OF NCT OF DELHI & ANR. & ORS.

..... Respondents Through: Mr. Nawal Kishore Jha, APP for State with SI Abhishek Respondent No.2 in person alongwith her daughter/Laxmi

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.01.2024 CRL.M.A. 2909/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C. 726/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 731/2013 registered under Sections 323/354/452/34 IPC at P.S. Khajuri Khas, Delhi on the ground that the parties have amicably settled their disputes.

2.

As per the allegations levelled in the FIR, on 15.07.2013, the petitioner No.1 sneaked into the house of the respondent No.2 and molested her. Thereafter, the other petitioners also came and beat respondent No.2, her husband and their daughter.

3.

Learned APP for the State submits that in the present case the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners are the only accused persons and while respondent No.2 is the only complainant, her husband and daughter also suffered injuries in the said incident.

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Compromise cum Settlement Deed, a copy of which has been placed on record. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioners. 5.

The petitioners, who are present in the Court, have been identified by their counsel and the Investigating Officer. Respondent No.2, who is also present in the Court alongwith her daughter, Laxmi, has been identified by the Investigating Officer. She submits that her husband, who was also injured, has since expired. The said fact is verified by the Investigating Officer.

6.

The petitioners have shown remorse for their conduct and they undertake not to repeat the same in future. Respondent No. 2 states that she has entered into the aforesaid Compromise cum Settlement Deed out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 7.

Learned counsel for the petitioners submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.30,000/- to be paid by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioners to respondent No.2/complainant by way of a Demand Draft through Investigating Officer within a period of four weeks from today. 10.

Proof evidencing receipt of payment made shall be filed with the Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of. 12.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioners is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J JANUARY 30, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.